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D.S.D.: 24 hr detention of suspected illegal alien was reasonable

By John Wesley Hall, Jr.

Credibility determination goes to the officer on consent where the defendant lied twice during the stop. State v. Jones, 2009 Ohio 670, 2009 Ohio App. LEXIS 577 (9th Dist. February 17, 2009).* When the officer approached a group of men, one stepped back and through a baggie of crack up on to the roof of a garage. That was abandonment not precipitated by an illegal act. State v. Scott, 2009 Ohio 672, 2009 Ohio App. LEXIS 582 (9th Dist. February 17, 2009).* Private searcher who obtained a CD of child porn from defendant's house was valid; the private searcher was not acting as an agent of the state. State v. Staggs, 2009 Tenn. Crim. App. LEXIS 115 (February 13, 2009).* Reasonable suspicion defendant was an illegal alien justified his detention for 24 hours under 8 C...continue to full post

Full post as published by Fourth Amendment on February 20, 2009 (boomark / email).